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Alternatives to a Litigated Divorce

Collaborative Divorce, Divorce Mediation, and Uncontested Divorce in Raleigh, NC

Wondering how you can get an amicable divorce in Raleigh? For one thing, you will have to avoid a litigated divorce. The cost of this type of divorce is almost never worth it, the financial and emotional costs only being exacerbated by how long this often antagonistic process takes. The good news is that there are a number of alternatives that can enable couples to get as peaceful and amicable a divorce as possible. Here is an overview of how they work, and the drawbacks and advantages of each process.

In a collaborative divorce, each spouse hires a divorce attorney who has been specifically trained to handle divorces in a cooperative manner. These legal advocates and both spouses come together to negotiate the terms of a divorce settlement. This means that instead of handing your life decisions over to a judge, you and your spouse get to agree on the terms of your divorce. You will further benefit from having legal experts on your side, who can provide the legal counsel you need. They can ensure that your rights are being protected, and that your agreement would hold up in court if it ever needs to.

A mediated divorce is similar in many ways, only, you add a mediator to the process. In divorce mediation, you have this qualified third party, the mediator, to facilitate negotiations. They will try to help spouses find the areas where they can agree or compromise, helping them to reach a settlement in issues such as property division, child custody, support payments, and more. Then each spouse's consulting attorneys can help them review the settlement to make sure that your rights are being upheld, and that everything is in order. A judge will have to sign off on this settlement to make it official, but even so, you and your spouse would be the ones who get to decide matters. A mediator can only suggest compromise; they cannot give legally binding commands.

Finally, an uncontested divorce can be even simpler. Spouses who can still communicate respectfully with one another may not need an intermediary to help them agree on the issues in their divorce; they will only need help to turn these agreements into legally binding court orders. So once spouses have created the terms for child custody, alimony, property division, and more, a divorce lawyer can enable them to translate these terms into a legal document that a judge will approve. If everything is in order, you can move on quickly with your life.

You can also avoid the headache that comes from missing deadlines or paperwork, and the hassle and expense of having to go back to fix an inadequate divorce agreement. For that is the peril of the DIY divorce. An increasing percentage of a divorce lawyer's clients are couples who need help fixing the divorce they filed through a cheap website or with simple forms. The terms of a divorce are too complex and technical to be addressed in this way, and in the end, no money or time is saved at all.

Now the potential drawback to an uncontested, mediated, or collaborative divorce is that if you cannot arrive at an agreement on your divorce settlement, then you may have to go to trial after all, saving no time or money in the process. It takes both spouses being open to compromise to make these negotiations work. But if you think there is a chance that you could get an amicable divorce, or you want to learn more about these processes, do not hesitate to contact Hopper, Hopper & Mulligan, PLLC, PLLC. You can find the qualified Raleigh divorce attorney you need at our distinguished firm.

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